Hello, I got PR in 2013 and within the 5 years' period, I could stay in Canada only for 1 and half years. I lost my job suddenly and my father's health was not good so I returned abruptly. My family also got the PR along with me but they have not stayed for more than 2 months. My father passed away this year January. Now our family wants to migrate to Canada and I am not sure if we will be permitted to travel. My family consists of spouse, one major, unmarried daughter and one minor son. I want to approach a lawyer to assist us in this regard but understood that the fee charged is very huge which is difficult to afford by me. I am from India. Seek advice from seniors in this forum to regain my PR status. Thank you.
Regaining the status of PR
- Thread starter crazyaboutcanada
- Start date
Hi is your PR card still valid or has it expired. If it is still valid you can fly back to Canada on it and hope that you do not get reported for not meeting residency requirements.
If it has expired you cannot travel on it. Here is the link.
Here is the link
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=065&top=10
Basically it seems if you apply to restore it they will know you did not meet residency requirements and then you could be reported and lose your PR.
If you have a valid trv to USA you could go that route and then drive over into Canada but again if reported at the border you could lose your pr.
If your pr is lost your son might have the best chance, as being a minor he could apply for his reinstatement on compassionate grounds stating he was a minor and had no say to leave Canada. Depending on how long your daughter has no longer been a minor she might be out of luck.
Lastly in the search area search for residency obligation, regaining pr you will fine many threads to read up on and see what advice experts gave.
If it has expired you cannot travel on it. Here is the link.
Here is the link
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=065&top=10
Basically it seems if you apply to restore it they will know you did not meet residency requirements and then you could be reported and lose your PR.
If you have a valid trv to USA you could go that route and then drive over into Canada but again if reported at the border you could lose your pr.
If your pr is lost your son might have the best chance, as being a minor he could apply for his reinstatement on compassionate grounds stating he was a minor and had no say to leave Canada. Depending on how long your daughter has no longer been a minor she might be out of luck.
Lastly in the search area search for residency obligation, regaining pr you will fine many threads to read up on and see what advice experts gave.
Think it is the adult daughter who remained in Canada and was living in Canada and working and her mother and little brother who is under 18. Given that your mother didn’t live very long in Canada getting a PRTD would be pretty tough.
Given that the children have only spent 2 months of the past 6 years in Canada, it is questionable how successful a "removed as a minor" H&C application for a PRTD would be. My personal suspicion would be that it would be refused.